Background
Whereas the Polkadot Account runs various competitions via its own social media platforms or in collaboration with its partners.
Whereas the Polkadot Accounts will announce competitions via posts through its own social media platforms (hereinafter, “Competition Announcement Post”).
Whereas each competition (hereinafter, “Competition”) is conducted by the Polkadot Social Media Account (hereinafter, “the Promoter”).
Whereas by entering a Competition, all participants (hereinafter “Entrants”) agree to be bound by the following terms and conditions:
1. Qualifying entrants
1.1. The Competition is open to individuals who are at least eighteen (18) years of age by the day of the entry.
1.2. Entrants must not have a residential address in any of the following markets:[2]
- Argentina
- Bangladesh
- Barbados
- Belarus
- Bolivia, Plurinational State of
- Brazil
- Cayman Islands
- Chile
- Cuba
- Egypt
- Guinea-Bissau
- India
- Iran (Islamic Republic of)
- Iraq
- Israel
- Kenya
- Korea, Democratic People's Republic of
- Korea, Republic of
- Kosovo
- Myanmar
- Norway
- Pakistan
- Philippines
- Russia
- Serbia
- South Africa
- Swaziland
- Turkey
- United States minor outlying Islands
1.3. Entrants are not entitled to enter the Competition if they are resident in a country or jurisdiction where the Competition may breach any law or regulation.
1.4 Entrants must agree to and comply with the Rules and Terms and Conditions.
2. Entry Period. Entrants can enter the Competition at any time under the dates and hours set under the Competition Announcement Post and/or set in the Rules.
3. Prize. Prize (or prizes if any) are set under each Competition Announcement Post and/or in the Rules and can be
redeemed by the winner (or winners if any). The prize (or prizes if any) is non-transferable and non-refundable and
the winner (or winners if any) cannot request any alternative prize.
4. Competition Entries
4.1. To enter the Competition, Entrants must follow the Rules and the Terms & Conditions. The Promoter reserves the right to verify the eligibility of all entrants.
4.2. Any entry unlawful, obscene, vulgar, pornographic, hateful, threatening, discriminatory, offensive or which may infringe third-party rights will be disqualified. In addition, the Promoter reserves the right to take any further action in respect of such entries and/or to remove any material deemed offensive or infringing on third party rights. In such case, the Entrant will be disqualified.
4.3 By entering the Competition, Entrants warrant that all information submitted by Entrant is true, current and complete. Entrant also warrant that Entrant own all rights in and to their entry and that the Entrant have permission from any person/s appearing in their entry.
4.4. No purchase or payment of any kind is necessary to enter or win the Competition. There is no cost to enter the Competition. However, internet connection and usage rates may apply. All Entrants should obtain details of such costs from their service providers. The Promoter is not and will not be liable for any such costs.
4.5. Entrants acknowledge and agree that the prize set under each Competition Announcement Post may be subject to tax by the Entrants national legislation and authorities. Promoter cannot be held responsible for any costs associated with winning the Prize, else than what is specified in the Rules. If costs such as taxes or loss of income would arise as a result of winning the Competition, they shall be covered by the Entrants.
5. Winner selection. All correct and eligible Entrants will be selected following the Rules. Selection is final, and no correspondence related to the Competition will be entered.
6. Winner announcement
6.1. The Promoter reserves the right to publish the name and/or country of residence of the winner (or winners if any) on any of the Promoter's social media channels and/or website.
6.2. All Entrants hereby agree to have their entry published publicly on any of the Promoter's social media channels and/or website.
7. Winner notification
7.1. The winner (or winners if any) will be notified via a direct message on X, Instagram and/or any other social media platforms.
7.2. The Promoter reserves the right to request proof of a winner's identity in the form of a passport or driver's license and proof of address in the form of a utility bill. In the event a winner cannot provide the Promoter with proof of identity reasonably acceptable, the Promoter may withdraw the prize and select another winner.
7.3. In addition, and in relation to the prize, the winner (or winners if any) might need to submit additional information in order to redeem the prize. The Promoter reserves the right to disqualify the winner if the winner does not provide the necessary additional information.
7.4. The Promoter reserves the right to disqualify the winner (or winners if any) if the winner fails to reply to the Promoter's message within forty-eight (48) hours and provide the Promoter with the necessary information. In such case, the Promoter may select an alternative winner (or winners if any).
7.5. If for any reason the winner chooses not to pick up or take part of the prize or any part of the prize, the Promoter reserves the right to ask the winner to confirm this in writing, so the Promoter can be able to retain or dispose of the prize (or part of the prize).
8. Intellectual Property rights and use of entries
8.1. All Entrants warrant to be the rightful owners of all Intellectual Property rights that may be submitted.
8.2. All Entrants license and grant the Promoter a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to moderate and use their entry on any of the Promoter's marketing channels. All entries and associated personal data are and will be public to all. By entering the Competition and accepting the present Rules and Terms & Conditions, Entrants agree that the Promoter may use their personal details for the purpose of conducting the Competition.
8.3. All Entrants acknowledge that third parties will have access to and will be able to republish their entries in accordance with the terms of use of the social media platform through which the entries are submitted.
8.4. By entering this Competition, all Entrants agree that the Promoter may hold and use all personal data given to the Promoter by the Entrants for the purpose of managing this Competition.[4]
9. Disqualification. The Promoter reserves the right to refuse and/or to disqualify any Entrant where there are reasonable grounds to believe that the Entrant has breached any of the Rules and/or Terms & Conditions set forth or otherwise where an Entrant has gained unfair advantage in participating in the Competition or won using fraudulent means. Late or incomplete entries which do not satisfy the Rules and Terms & Conditions will be disqualified and not be able to enter into the Competition.
10. Liability. The Promoter is not in any way liable for any costs, loss, expenses, damages, liability or injury arising from entering the Competition or in any other way relating to the Competition, other than those costs and expenses specifically provided for in the prize or liability which cannot be excluded by law.
11. Changes to the Competition and/or T&C. The Promoter reserves the right to cancel or amend the Competition, the Rules and Terms & Conditions at any stage without notice. Any changes to the prize, Competition or the Rules and Terms & Conditions will be posted by the Promoter through its Instagram, webpage and/or other social media account.
12. Sponsorship. This Competition is in no way sponsored, endorsed, administered by, or associated with Instagram and/or Facebook and/or Twitter and/or TikTok and/or other social media accounts. By entering this Competition, entrants agree to release Instagram and/or Facebook and/or Twitter and/or TikTok and/or other social media accounts of any liability caused in respect of this Competition.
13. Governing law. The Competition and its Rules and Terms & Conditions will be governed by the laws of Cayman Islands without regard to or application of conflicts of law rules or principles. Should a controversy, dispute or claim arise out of or in relation to the Competition or these Rules and Terms & Conditions ("Dispute"), the relevant party as appropriate, must give 30 days' notice of such Dispute to the other parties (the "Notice of Dispute"). Should the Dispute not be resolved at the expiration of 30 days after service of the Notice of Dispute, the relevant party may commence arbitration proceedings in accordance with this clause 13. Should the Dispute remain at the expiration of 30 days after service of the Notice of Dispute, the Dispute shall be settled by arbitration administered by the Cayman International Mediation & Arbitration Centre (CI-MAC) in accordance with the CI-MAC Arbitration Rules (the "Arbitration Rules") in force as at the date of these Rules and Terms & Conditions, which Arbitration Rules are deemed to be incorporated by reference to this clause 13, and governed by the Arbitration Act (as amended). The arbitration shall be seated in George Town, Grand Cayman, Cayman Islands and governed by Cayman Islands law. The language of the arbitration shall be English. The arbitration shall be determined by a sole arbitrator to be appointed in accordance with the Arbitration Rules. Any award or decision made by the arbitrator shall be in writing and shall be final and binding on the parties without any right of appeal, and judgment upon any award thus obtained may be entered in or enforced by any court having jurisdiction thereof. No action at law or in equity based upon any claim arising out of or related to the Competition or these Rules and Terms & Conditions shall be instituted in any court of any jurisdiction. If any litigation or arbitration is necessary to enforce these Rules and Terms & Conditions, the prevailing party will be entitled to have their attorney fees paid by the other party. Each party waives any right it may have to assert the doctrine of forum non conveniens, to assert that it is not subject to the jurisdiction of such arbitration or courts or to object to venue to the extent any proceeding is brought in accordance herewith.